The seriousness of the offence, the public interest in punishing persons for serious offences, and the importance of judicial scrutiny and leading evidence in court.

JUDGMENT :

Vivek Singh Thakur, J.

Petitioner herein is victim and complainant in case FIR No.212 of 2017, dated 21.11.2017, registered in Police Station Sadar, Shimla, H.P., under Section 376 of the Indian Penal Code (in short ‘IPC’) against respondent No.2. She has approached this Court seeking quashing of FIR and proceedings arising thereto pending in the Trial Court.

2. FIR in present case was registered on the basis of statement of petitioner recorded under Section 154 of the Code of Criminal Procedure (in short ‘Cr.P.C.’) in Deen Dayal Upadhyaya Hospital, Shimla, wherein she had stated that she was resident of Kailash Nagar, Kurukshetra, Haryana and was residing in Knollswood, Nigam Vihar, Shimla, since last two months after passing her 10+2 examinations. On 19.11.2017 her father was called by Colonel Grewal (respondent No.2) for a programme in Gaiety Theatre, whereupon she alongwith her father had reached Gaiety Theatre. At 5.30 p.m., Grewal after programme, offered dinner to them and at that time Grewal was advising her to go to Mumbai for modeling. When she and Grewal, for a while, were alone, Grewal offered her drink (liquor) and when her father went to washroom, Grewal obtained her mobile phone number also.

3. It has further been stated that after reaching home, complainant-victim sent a message to Grewal to make a call her and Grewal made a call to her and she inquired him about prospects of modeling. Whereupon, he said that she could become ‘Diva’ by 2019 and she believed Grewal. On 20.11.2017, Grewal asked her to send her photographs to him so as to enable him to send the same to his daughter. Therefore, she shared her photographs on Whatsapp with Grewal. Thereafter, Grewal made a call to her and asked her to meet him, by saying that Choreographer and Modeling Director were sitting with him and her Aunty and Maid are also at home. On that day, at about 2.00 p.m., she, without telling her father, went to Lakkar Bazaar and made a call to Grewal, who, after some time reached there to receive her. On her asking, again he repeated that her Aunty and Maid are at home and she was, for him, like a younger daughter and he asked to believe him, by saying that her father is serving and living with him. Believing him, she accompanied Grewal. They reached his house within 10-15 minutes. He took her in the room and bolted the room from inside. When she asked about Aunty and Maid, Grewal advised her to mind her business and used abusive language which she could not narrate and, thereafter, he offered meal and drinks, but she refused. Thereafter, Grewal pushed her on the bed and another person came out from the washroom, who was already there. Grewal asked him, by calling him Guru, to hold her hands otherwise she would raise noise and they after overpowering her, forcibly poured neat liquor in her mouth and she became intoxicated. At that time Guru was holding her hands and Grewal started touching her inappropriately and started kissing etc. and he put off her clothes. Due to intoxication she was unable to save her and Grewal ravished her and, thereafter, she fell unconscious and when she regained consciousness, it was about 5.00-5.30 p.m. She put on her clothes, but she could not find her slippers and, therefore, she ran barefoot and at that time Grewal Uncle came with bag and shoes and threatened her by saying that Army Officer was his relative and he would spoil job of her father, and they came on the road where Grewal made her to sit in the white coloured vehicle, which was being driven by someone else and Grewal sat with her in the back seat and started kissing her on her forehead and he left her at her residence at about 6.00-6.30 p.m. She did not disclose anything to her father as she was feeling shy and was also under fear that her father would reprimand her.

4. It has further been stated in statement of victim-petitioner that immediately after reaching home she took bath and put off her clothes which were washed by her Maid i